If you’ve been hurt in a truck accident in North Dakota, it’s natural to focus on the driver who hit you. But in many cases, the driver isn’t the only one who may be legally responsible. Trucking companies, maintenance contractors, and even cargo loaders can play a role in causing a crash. A North Dakota truck accident attorney can help you sort through the details, identify every potential source of liability, and build a claim that covers the full scope of your losses. Limiting your case to just the driver could mean leaving valuable compensation on the table.
Who Is Liable in a North Dakota Truck Accident?
Every accident has its own facts. In North Dakota, the law follows a modified comparative fault rule (N.D. Cent. Code § 32-03.2), which means that each party’s percentage of fault determines who pays and how much.
Here’s how it works:
- If you are less than 50% responsible for the accident, you can recover damages.
- If you are 50% or more at fault, you can’t recover anything.
- The amount of damages you are eligible to receive will be lowered based on your percentage of fault.
When a crash involves a semi-truck or commercial vehicle, the driver may be an individual contractor or might work for a larger company. That distinction matters because you could be dealing with company liability or just the driver’s own.
When You Can Sue Only the Truck Driver
There are scenarios where the driver is the sole cause of the accident. In these cases, it’s possible to bring a lawsuit directly against the driver and no one else.
Here are a few examples:
- The driver was under the influence of alcohol or drugs.
- The driver was texting, using GPS, or otherwise distracted.
- The truck was privately owned and not part of a company-run fleet.
- Traffic laws were violated and the company wasn’t involved or responsible.
- The driver was using the vehicle for personal business at the time.
These claims still present legal challenges, especially if the driver has limited insurance coverage. Speaking with an attorney helps determine whether anyone else should be included to cover your full damages.
Scenarios Where You May Need to Sue Additional Parties
Often, a truck accident involves more than just driver errors. In commercial trucking, the driver may not be the only one responsible—even if they were the one who caused the crash.
You may also need to pursue claims against:
- The trucking company: If the driver is an employee or was operating a company vehicle, you could sue the company. Under North Dakota’s vicarious liability laws, employers may be responsible for their employees’ actions on the job.
- The vehicle’s owner: If the truck was loaned or leased by someone who knew it wasn’t safe, that owner may be liable under negligent entrustment.
- Maintenance or repair companies: Mechanical failures like bad brakes or steering issues can point to improper servicing.
- Parts manufacturers: Defective parts are a manufacturer’s responsibility and could form the basis of a product liability claim.
- Cargo loaders: If the truck’s load causes it to tip over or spill, the company responsible for loading it can be held liable.
Identifying these parties quickly is important. Trucking companies often have legal teams that move fast to minimize responsibility. That’s where having a local injury attorney can make the difference.
What If the Driver Is Uninsured or Underinsured?
Sometimes, the truck driver has little to no insurance. This makes recovering full damages harder—unless you have other tools at your disposal.
Here are some possible routes to take:
- Use Uninsured/Underinsured Motorist (UIM) coverage: North Dakota drivers are required to carry UIM insurance. This may help cover your costs if the driver can’t.
- File a claim with another responsible party: If the driver was working for a company or another party contributed to the crash, your attorney can pursue recovery through them.
- Examine your insurance: Depending on your policy, other options may be available to cover injury-related costs like medical bills or lost wages.
A local personal injury lawyer will know how to explore these paths and find the best route to full recovery.
Steps to Take After a Truck Accident to Preserve Your Claim
Preserving your right to compensation starts at the accident scene. Take the right steps early, even if you aren’t sure how badly you’re hurt.
After a truck accident, be sure to:
- Get medical attention, even if symptoms are mild at first
- Document the scene—take photos of vehicles, road signs, skid marks, and injuries
- Get a copy of the police report and witness contact details
- Avoid speaking to insurance adjusters without a lawyer present
- Contact a North Dakota personal injury attorney quickly to discuss your case
Evidence disappears fast in trucking accidents, especially with commercial vehicles. The sooner you act, the stronger your case will be.
How Pringle & Herigstad, P.C. Can Help Protect Your Legal Rights
At Pringle & Herigstad, P.C., we’ve been helping accident victims throughout North Dakota for over 100 years. Our lawyers know how to investigate collisions and uncover all the parties responsible—drivers, trucking companies, and others.
We regularly assist clients in Minot, Dickinson, and surrounding areas with:
- Crash site investigations and accident reconstruction
- Trucking company records and driver file reviews
- Identifying claims beyond just the truck driver
- Negotiating settlements and filing lawsuits if needed
We understand North Dakota law and how to fight for the compensation local residents deserve.
Schedule a Free Consultation with a North Dakota Truck Accident Lawyer
If you were injured in a truck accident, don’t face the legal system alone. Pringle & Herigstad, P.C. offers free initial consultations. Let us help you understand your rights and explore your options. Schedule your visit today. Let’s get started.